Madras High CourtCRL OP(MD)/1897/2023disposed of

M.Shahul Hameed v. The Superintendent Of Police

2023-02-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Shahul Hameed ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Emaneshwaram Police Station, Paramakudi Taluk, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation to some other agency to conduct further enquiry on the complaint made by the petitioner, dated 30.07.2022 in CSR.No.228 of 2022 on the file of the second respondent.

For Petitioner : Mr.I.Pinaygash, For Respondents : Mr.R.Sivakumar, Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to transfer the investigation to some other agency to conduct further enquiry on the complaint made by the petitioner, dated 30.07.2022 in CSR.No.228 of 2022 on the file of the second respondent.

2. The learned counsel for the petitioner would submit that the petitioner has given a complaint alleging job rocketing and that though the second respondent has registered a case in CSR.No.228 of 2022, they have not taken any action.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the petitioner, the proposed accused were directed to appear and at the time of enquiry, they have agreed to return the amount of Rs.5,00,000/- and on that basis, the complaint was ordered to be closed. 2/4

4. A cursory perusal of the complaint, given by the petitioner, would disclose cognizable offence, but instead of registering FIR, the second respondent has mechanically registered CSR and conducted enquiry. Hence, the second respondent is directed to registered an FIR and proceed in accordance with law, immediately.

5. With the above direction, the Criminal Original Petition is disposed of.

02.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das To 1.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Emaneshwaram Police Station, Paramakudi Taluk, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

K.MURALI SHANKAR,J.

das Order made in Dated: 02.02.2023 4/4